The Constitution in the 100-Mile Border Zone

The ACLU has published an extremely informative article regarding U.S. Customs and Border Protection ("CBP") and, specifically, U.S. Border Patrol's authority when operating within 100 miles of any United States "external boundary."

Read Article



New York State Passes DREAM Act

The New York State legislature has passed its own version of the DREAM Act, which allows undocumented children who are already students in the state to qualify for state aid for college.

Read Article: New York lawmakers just passed their own "DREAM Act"


Form I-192 Waiver Approved

Today, my office received notice of approval of a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, which was filed at the Peace Bridge Port of Entry on October 9, 2018.  The processing time for this nonimmigrant waiver application was approximately seven (7) weeks.  This was the applicant’s second nonimmigrant waiver application. 

The applicant, a Canadian citizen, requires a nonimmigrant waiver to overcome a charge of inadmissibility under INA § 212(a)(6)(C)(i) - fraud/misrepresentation - that was lodged over eight (8) years ago.

In support of this waiver application, I prepared a detailed legal brief addressing each of the three (3) factors to be considered when adjudicating these waiver applications:

(1)    The risk of harm in admitting the applicant;

(2)    The seriousness of the acts that caused the inadmissibility; and

(3)    The importance of the applicant’s reasons for seeking entry.

See Matter of Hranka, 16 I&N Dec. 491 (BIA 1978).

In this particular case, my brief emphasized the fact that the applicant’s sole ground of inadmissibility was neither criminal nor violent, and focused on the many charitable activities that the applicant has regularly engaged in since his inadmissibility as evidence of his rehabilitation.  Finally, I discussed the applicant’s reasons for seeking entry, which included visits to the U.S. for both business and pleasure.

Based upon these factors, my client’s waiver application was approved for a validity period of five (5) years. 


How to apply for a waiver after receiving a five-year bar to the U.S.

QUESTION: I recently tried to apply for TN visa at the border but was denied and issued a Notice of Alien Ordered Removed/Departure Verification, which states that I became inadmissible for 5 years from the U.S. I am now wondering what kind of waiver I should apply for and how to apply?

REPLY:  I am sorry to hear about your unfortunate experience at the border.  Based upon the information that you provided in your question, it sounds as though you may have been issued an order of expedited removal under INA § 235(b)(1).  An individual who is issued such an order is inadmissible to the U.S. for a period of five (5) years from the date of removal pursuant to INA § 212(a)(9)(A)(i).  An individual may, however, obtain permission to reapply for admission to the U.S. during the five (5) year bar by submitting Form I-212, Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal.  You can read more about Form I-212 and permission to reapply for admission at the following links:

Form I-212

Click to read more ...


Canadian Legalization of Marijuana and Travel to the U.S.

There have been several articles published regarding the recent legalization of marijuana in Canada and how it could affect an individual's ability to travel to the U.S. 

While marijuana has been legalized in Canada and some U.S. states, it remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA).  Schedule I controlled substances are those that have been deemed under the law to have high potential for abuse with no accepted medical use.

Since U.S. Customs and Border Protection is a federal agency, it is bound by the federal laws, including the CSA.  Accordingly, the recent legalization of marijuana in Canada will not alter the application of the CSA or the Immigration and Nationality Act at U.S. ports of entry.  Legalization of marijuana in Canada will not protect an individual from adverse U.S. immigration consequences. 

A well-written article on the subject can be found here: Read Article

CBP also released a statement on Canada's legalization of marijuana and crossing the border: Read CBP Statement.